BOARD DATE:	8 March 2011

		DOCKET NUMBER:  20100021932


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, Army Commendation Medal with "V" Device, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Ribbon with Device (1960), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. 

2.  The applicant states, in effect, that the awards are documented in his military personnel file and should have been documented on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; Purple Heart certificate; Army Commendation Medal with "V" Device (First Oak Leaf Cluster) orders; and a National Personnel Records Center (NPRC) letter, dated 21 November 2007, authorizing shipment of awards.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 


substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 26 December 1967 for a period of 2 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 4 June 1968 through 29 July 1969;

	b.  item 38 (Record of Assignments) he was assigned to:

* Company A, 2d Battalion (Airborne), 505th Infantry from 15 - 24 June 1968
* Company C, 1st Battalion (Airborne), 508th Infantry from 25 June 1968 to 25 July 1969

	c.  item 39 (Campaigns) the Vietnam Counteroffensive Phase IV and the Vietnam Counteroffensive Phase V;  and

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Purple Heart
* Bronze Star Medal
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Air Medal
* Army Good Conduct Medal

4.  On 30 July 1969, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist four (SP4)/E-4.  He completed 1 year,
7 months, and 5 days of total active service.


5.  Item 26 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Combat Infantryman Badge
* Bronze Star Medal
* National Defense Service Medal
* Army Good Conduct Medal
* Air Medal

6.  Special Orders Number 58, issued by Headquarters, 3d Advanced Individual Training Brigade, Fort Jackson, SC, dated 8 April 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16) 

7.  General Orders Number 267, issued by Headquarters, 3d Brigade,
82d Airborne Division, dated 17 February 1969, awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 15 February 1969.

8.  General Orders Number 670, issued by Headquarters, 3d Brigade,
82d Airborne Division, dated 3 May 1969, awarded the applicant the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) for heroism in the Republic of Vietnam on 14 February 1969.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)


10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This publication shows that the 2nd Battalion, 505th Infantry Regiment, during the time of the applicant's assignment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
6 October 1968 - 11 November 1969 by Department of the Army General Orders (DAGO) Number 43, dated in 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March - 4 October 1968 by DAGO Number 48, dated in 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in action on 15 February 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  General orders awarded him the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) which equates to two awards of the Army Commendation Medal, of which one was with a "V" Device for heroism.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal (2 Awards) with "V" Device.

3.  Records show he participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show the silver service star.


4.  Records show the applicant served during a qualifying period for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this qualification badge.

7.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 as recommended below.

BOARD VOTE:

____x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ____ ____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Army Commendation Medal; and

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal (2nd Award) with "V" Device
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar



      _________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100021932	



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